Former Prosecutor. Powerful Defense Advocate.Certified in the Area of Criminal Law

Proposition 47

Misdemeanor & Felony Charges in California

Proposition 47, The Safe Neighborhoods and Schools Act was passed on November
4, 2014, and became immediately effective that day. The largest effect
of Proposition 47 was to make possession of narcotics a Misdemeanor rather
than a Felony.

The second-largest effect of Proposition 47 was to make most theft crimes
Misdemeanors (rather than Felonies) as long as the amount stolen was less
than $950.00.

Specific Drug Law Affected

Health and Safety Code Section 11350

Health and Safety Code Section 11357

Health and Safety Code Section 11377

All the above charges are reduced from Felonies to Misdemeanors under Proposition
47. This includes possession of all street drugs such as Methamphetamine,
Cocaine, Heroin, PCP, etc. It also includes possession of prescription
drugs such as Vicodin, Soma, Zanax, Morphine, Codeine, etc. without a
prescription. Possession for sale and/or transportation of any of these
drugs, is still a felony.

Specific Theft Laws Affected

Commercial Burglary

A Burglary is committed when a person enters a building with the intent
to commit larceny (theft) or any felony.

California has two types of Burglary, both listed under Penal Code 459.
Both are Felonies. The first type of Burglary is "Residential Burglary"
(burglary of a home), Proposition 47 did not alter this crime. The second
type of Burglary is "Commercial Burglary." Commercial Burglary
covers Burglaries of every type of building that is not a home.

Prior to Proposition 47 Commercial Burglary applied even to a person who
went into a store during normal business hours intending to shoplift a
one dollar item. Proposition 47 changed that by creating an exception
to the Commercial Burglary statute. As of November 5, 2014, anyone who
goes into an open store, during normal business hours, and steals (or
attempts to steal) items of a combined value of less than $950.00 is guilty
of the new Misdemeanor crime Shoplifting (and not Commercial Burglary).

Petty Theft with a Prior

Prior to Proposition 47 a person who had been convicted of any felony theft
offense, or three prior misdemeanor theft offenses, who was then arrested
for ANY theft new theft offense, could be charged with the Felony of "Petty
Theft with a Prior" under California Penal Code 666. Proposition
47 basically eliminated the crime of Petty Theft with a Prior Altogether.
As of November 5, 2014, the only people who can be convicted of this crime
are people who also have a conviction for a strike offense, or who are
registered sex offenders.

Other Theft Crimes

With the passage of Proposition 47, all crimes of:

Forgery (Penal Code 473)

Writing Bad Checks (Penal Code 476)

Grand Theft (Penal Code 490.2)

Receiving Stolen Property (Penal Code 496)

Are all Misdemeanors unless the total amount stolen at any one time is
more than $950.00

Retroactivity

Unlike many changes in the law, Proposition 47 took the extraordinary step
of making all of the above changes retroactive. Meaning that they can
be made to apply to old cases, as well as new ones. What this means is
that any person who has a conviction on their record for a felony, if
that crime would be a misdemeanor under these new rules, can petition
the court to have their record reflect a Misdemeanor rather than a Felony
conviction.

What does this mean?

Persons In Custody – Persons in Custody may petition the court to have their convictions
reduced from a felony to a misdemeanor, and to be released from custody.
The District Attorney may object, and the judge may deny the petition
if they determine that the inmate poses an unreasonable risk of danger
to public safety.

Persons On Probation – Persons on Probation may petition the Court to have their convictions
reduced from a felony to a misdemeanor, and as a result, to have their
felony probation terminated in favor of misdemeanor (informal) probation.

Persons with old Convictions – Individuals with old felony convictions, that would be misdemeanors
under these new rules, have until November 2017 to file their petitions
for resentencing with the court where they were originally convicted.
After that date all convictions permanently lock into place, and no petitions
for resentencing will be heard.

If you believe that Prop 47 may have an impact on a past or pending conviction,
call (559) 377-6627 to schedule a free consultation with our Visalia
criminal defense lawyer.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.